Wolfens – camp’s law guide
We are glad, that we’ll soon meet in our common fight! Bellow there is a rundown of possible legal consequences of taking part in our actions. It is important for you to asses if you can at this time take those risks (it depends on job you hold, your family situation and other). There are other forms of supporting us that are equally important. We are working with a lawyer that will provide us with legal assistance in case of any legal battles.
1. Possible legal consequences
Possible legal consequences will be rather under the petty offences code, where punishments are: detention, community sentence, fine, warning.
I Warning – spoken cautioning issued by police officers. In our case it’s not likely we could be let off with the warning…
II Fine – a punishment issued by a judge, anywhere between 20 and 5000 PLN. There are also offence tickets, issued by police officers. They can reach 500 PLN (for single offence) or 1000 PLN in case of multiple offences. WE DO NOT ACCEPT OFFENCE TICKETS 🙂
III the Community sentence lasts between 1 and 12 months. During this time a person:
1)can’t, without court’s permission, change their place of permanent stay
2)is required to do a unpaid, supervised work for community purpose
3)is obliged to provide explanations about the course of serving the penalty.
IV Detention can last between 5 and 30 days.
There might be a civil lawsuits against us – people might be subjected to financial punishment consisting of reimbursing State Forests the costs of intervention and their lost profits.
There is possibility of consequences under the criminal code:
– Breach of personal inviolability of a law enforcement officer (police, forest guard, border patrol)
– Offending an law enforcement officer
– Coercion of a public official (forcefully interfering with their duties)
In those cases legal consequences are more dire than those under offences code, remember this if it comes to confrontation. All three of those paragraphs are punishable by up to 3 years in prison without the possibility of parole.
If you are underage
Underage people up to 17 years old can be released from police custody only with a parent/legal guardian present. It is possible to support us without legal risks – for details email us at wilczyce@riseup.net
2. Before leaving the house:
– clean the house: put all illegal stuff and things that might put you or others in trouble in care of a trusted person or stash them away from your home, in case police comes to search your place. Check for any notes and materials containing vulnerable information and remove/burn them.
– inform people close to you how long will you be gone, and that phone contact might be difficult.
– make sure you have identification document – ID/passport.
-don’t take with you any psychoactive substances or edged weapons (they require permit).
– things to take with you: warm sleeping bag, sleeping mats, pillow, tent, headlamp, spare batteries, power-bank, warm clothes, thick gloves, comfortable and warm shoes, some form of facemask, toiletries medicines you need, first aid kit, saline solution and decontamination wipes (can be bought in military stores) vitamins, preservatives, toilet paper, cup, plate, cutlery, thermos, heatpacks. Additionally: card games, boardgames, books, instruments. If you have: Go-Pro or other type of body cam, googles, waterproof marker, vegan sweets (best are non-freezing ones)
3. Contact with the law
Identification
While carrying out their duty officer needs to disclose their rank, name and surname in a way that makes it possible for you to take down that data, and also the legal base and reason for their intervention. Officers in plain clothes also have to show their badge.
Refusal to identify yourself is an offence and might be a reason for detention, so they can find out your identity, (art. 45, the code of proceeding in petty offences cases)so it is very likely to land you at the police station. If you tell the officer you have no ID on you they are allowed to search you (check your pockets and baggage) if you really don’t have it nothing happens, but if they find it they might fine you.
Body search should be done in private place (that will provide searched person with privacy) by a person of the same gender. Additionally officer conducting search has to allow presence of a third person chosen by searched person. Law enforcement officers are allowed to identify foreign citizens to check the legality of their visit or their stay on the territory of Poland.
At the police station
You might be kept at the station up to 48 hours while they are identifying you. After that time police has to release you or request the arrest warrant from the court. If didn’t identify you and you are accused of a criminal offence, they can keep you until the trial. At the police station they will ask your name, surname, address of permanent stay and date of birth. Remember to give your actual corespondence adress, so it will be possible for you to receive court letters and such. Police has a duty to inform you of the reason for your detention – memorize it, it might come in handy.
They will take all things you have with you. Police should make a list of those things and give it to you to sign. You don’t have to sign it and we recommend that you don’t. Absolutely don’t sign the list if it contains stuff that’s not yours, or stuff that might be an evidence against you. If you decide to sign the list, demand a copy for you.
Police will also ask you to sign printed out notice about your rights, and later – a protocol of interrogation. You don’t have to sign anything, if you decide to sign something always read it carefully before. Sign directly bellow the text, cross out free spaces so they can’t put anything there after you signed.
NEVER, IN ANY CASE, ADMIT TO THE CHARGES.
DURING INTERROGATION REFUSE TO GIVE A STATEMENT. (it is your right)
DON’T CHIT-CHAT WITH THE POLICE.
You have a right to contact a lawyer, and the first thing after arriving at the police station should be demanding it, for two reasons: to notify people outside that you have been taken, and to show the police that you know your rights and won’t be an easy target for intimidation. Police is less likely to do any shady stuff if they see you are not alone and know the rules. Contact the anti-repression collective, you’ll receive their number right after arrival. It’s good to have it written down on your body with marker.
You have tight to contact with a doctor upon request. Demand it especially if you have been subjected to police violence during the arrest or if you need to regularly take medicines.
If you have any questions we’ll explain everything upon arrival, or contact us at wilczyce@riseup.net
See you!